Brake checking is a leading contributor to causes of crashes in the state of Florida. Accidents caused by drivers checking their brakes put themselves and others on the road in needless danger.
If you have been in a car accident caused by someone checking their brakes and you are unclear about what steps to take next, you should speak with a car accident attorney in Florida.
A lawyer has the ability and knowledge to manage your case from beginning to end and handle the most crucial activities linked to your case. They can also answer any questions or concerns you have about your case.
What Exactly is Brake Checking?
The act of a motorist in front of another driving abruptly slamming on their brakes in order to startle or frighten the driver behind them is known as brake checking.
People frequently brake check when driving aggressively or irresponsibly, or as a means of exacting revenge on another vehicle who is following too closely behind them.
The practice of driving too closely behind another vehicle, known as "tailgating," leaves the motorist in front of you with very little room to come to a stop in a secure manner.
There is never an acceptable justification or cause to brake check. It's not only risky, but it also results in a lot of accidents.
Brake checking is one of the most prevalent causes of rear-end accidents. These crashes take place when the vehicle in the rear makes contact with the rear of the vehicle in front of it.
Rear-end crashes cause victims to sustain a variety of injuries in addition to the property damage they experience. These injuries can include trauma to the back, neck, and soft tissues. The most tragic outcomes of rear-end crashes are death and serious injury. According to the most recent statistics from the Insurance Information Institute, there were 2,346 fatalities associated with rearend collisions in 2019.
Is It Illegal to Brake Check in The State of Florida?
Brake checking is not only risky for anybody participating in the activity, but it is also against the law in the state of Florida. If a person causes an accident as a result of brake checking, which is an illegal kind of driving behavior, that person may be held liable for the accident.
Who is Responsible for Accidents that Result from Brake Checking in the State of Florida?
Brake checking is a prominent cause of rear-end incidents; nonetheless, the responsibility for causing rear-end collisions typically falls on the rear driver
It is against the law for drivers in the state of Florida to follow the vehicle in front of them more closely than is reasonable given the conditions of the road, the speed of traffic, and the speed limit. Due to the fact that rear-end crashes cause an unsafe space between cars and ultimately result in an accident, the driver of the vehicle in the rear most often bears the liability for the accident.
Accident cases involving brake checks are notoriously difficult to resolve for this reason. It may appear as though the driver in the back seat is at fault for the accident; yet, it's possible that they are not at fault at all; rather, the front driver may be fully responsible for causing the collision.
Both drivers might be somewhat to blame for the collision if, for instance, the rear driver was tailgating while the person in front was brake checking. In situations like these, the "comparative negligence" law of Florida comes into play.
The amount of the compensation that the plaintiff is eligible to receive is determined, in accordance with this regulation, by the percentage of fault that the plaintiff bears in the incident.
To be able to hold the driver in front of them accountable for the accident, the motorist in the back needs to show proof that demonstrates the behavior of the driver in front of them was negligent or reckless. Dashcam video recordings and the statements of witnesses both count as evidence. The rear driver's case may also be strengthened by providing vital knowledge that can be found in police records.
When it comes to situations involving vehicle accidents, determining who is at fault is one of the most important aspects. Because instances involving brake checking accidents are difficult to manage, it is very necessary to retain the services of a vehicle accident attorney who has vast expertise with claims of this nature.
Accidents caused by brake monitoring may be completely avoided, but regrettably, they nevertheless occur rather regularly.
In the event that you are the victim of a brake checking accident, you may have feelings of being disoriented and unclear of what steps to do next. A car accident lawyer in Florida has the knowledge, abilities, and resources necessary to manage your case and achieve a good resolution on your behalf.
If you were involved in a vehicle accident in Florida, you should hire a lawyer as soon as possible.
Contact Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of vehicle accidents. As a passionate firm, we fight for the compensation you rightfully deserve. Our expert legal team can help you along this complicated and intricate process.
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We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.